Understanding Michigan Expungement Laws in 2026: A Simple Guide

What Is Expungement?

Expungement, also called “setting aside a conviction,” is the legal process of erasing or sealing a criminal conviction from your public record. Under Michigan law, once a conviction is expunged, most employers, landlords, and members of the public will not be able to see it during a background check. However, law enforcement and courts may still have access to the record in certain cases.

The ability to set aside a conviction gives individuals a second chance — the opportunity to find better jobs, obtain housing, and rebuild their lives without the stigma of a past mistake. Michigan’s Clean Slate legislation, enacted in 2021 and expanded in subsequent years, made expungement more accessible than ever before.

Recent and Upcoming Updates to Michigan Expungement Laws

As of 2026, Michigan’s expungement laws are more generous and automated than they have ever been. The Clean Slate for All initiative — officially known as Public Acts 361-366 of 2020 — introduced two major changes:

• Automatic Expungement: Certain convictions are now automatically removed from public record after a set period, without the need to file an application.
• Expanded Eligibility: People can now apply to set aside more types of convictions, including certain felony and traffic offenses, with reduced waiting times.

In addition to these, a series of technical adjustments and judicial clarifications in 2024 and 2025 have further refined eligibility guidelines, ensuring greater consistency in how courts handle expungement applications across the state.

Automatic Expungement in Michigan

Under Michigan’s Clean Slate law, the automatic expungement process (also called “automatic set-aside”) began on April 11, 2023. As the 2026 date approaches, more records are being automatically reviewed and cleared under this program.

Automatic expungement applies to certain types of convictions if you meet the following time and behavior-based criteria:

• Misdemeanor convictions: Automatically set aside seven years after sentencing if the person has no subsequent criminal convictions.
• Felony convictions: Automatically set aside ten years after sentencing or completion of any prison term, whichever is later, if there are no subsequent convictions.

However, not all offenses qualify for automatic expungement. The following cannot be automatically cleared:

• Assaultive crimes (e.g., assault with intent to do great bodily harm)
• Serious misdemeanors
• Crimes involving minors, vulnerable adults, or injury/death
• Sex offenses requiring registration
• Any felony where the maximum penalty is life in prison

If your conviction isn’t eligible for automatic relief, don’t worry — you may still qualify to apply manually.

Applying for Expungement (Set Aside) Manually

The Michigan expungement application process is available for those whose cases are not covered by the automatic system. It’s a formal legal request to the court that handled your original case, asking a judge to review your record and determine whether to erase it from public view.

Here’s how the process works in 2026:

Step 1: Confirm Eligibility

Before filing, you must check that you meet the legal criteria. You can apply for expungement if:

• You have no more than three felony convictions and any number of misdemeanors (subject to specific limitations).
• At least three years have passed since the completion of your sentence, probation, or parole (for misdemeanors).
• At least five years have passed since completion of sentence for most felonies, or seven years for serious felonies.
• You have no pending criminal charges or new convictions during the waiting period.

Step 2: Obtain Your Record

To begin, you'll need a certified copy of your criminal record from the Michigan State Police. This will show all eligible convictions. Double-check the details before submitting your application, as errors can delay the process.

Step 3: File an Application to Set Aside Conviction

You’ll use Michigan’s Form MC 227 (Application to Set Aside Conviction). This form must be signed in front of a notary and submitted to the correct court. You’ll also send copies to the Michigan State Police and the Attorney General’s Office. Failure to notify these agencies properly can cause your petition to be delayed or denied.

Step 4: Fingerprints and Background Check

As part of your application, you must submit a new set of fingerprints to the Michigan State Police. This ensures an up-to-date criminal history is provided to the court and Attorney General for review.

Step 5: Court Hearing

Once all necessary documents are submitted, a hearing date will be set. The presiding judge will consider your conduct since the conviction, the circumstances of the crime, and your need for relief. The prosecutor’s office may object, which is why having an experienced expungement attorney present is vital.

Step 6: The Decision

If the judge grants your application, the conviction is officially set aside, and it will no longer appear on public background checks. You’ll receive an order confirming the expungement. If the application is denied, you may reapply after three years.

What Michigan’s Clean Slate Law Means for You

Before Clean Slate, people could only have one felony or two misdemeanors expunged, leaving many unable to benefit from a fresh start. Now, the law is much broader. Here’s a summary of how the Clean Slate law helps more people:

• Multiple Convictions: You can now expunge up to three felonies.
• Traffic Offenses: Some traffic misdemeanors, including driving without a license or expired registration, can be expunged.
• Marijuana-Related Offenses: Offenses related to conduct that is now legal under Michigan’s marijuana laws are eligible for expungement.
• Shorter Waiting Periods: The law reduced the time before you can apply from up to 10 years down to as few as 3 years, depending on the offense.

Importantly, Clean Slate applies retroactively. This means if you were convicted decades ago, you might now qualify even though you didn’t before. In 2026, many older records are being automatically reviewed through state databases, but those who want faster relief can still apply manually.

Why Expungement Matters

An expungement can change nearly every part of your life. Employers, landlords, universities, and licensing boards often run background checks that can reveal even minor convictions. Removing those records restores your privacy and your reputation.

Beyond professional opportunities, expungement also carries a psychological benefit. For many, it’s the final step in a long process of personal growth, taking responsibility, and rebuilding trust within the community.

Michigan’s decision to make expungement more accessible demonstrates a shift toward rehabilitation and redemption over lifelong punishment. It is a powerful opportunity, but one that must be handled carefully — a single error on your application can cost you months or even years of delay.

Who Is Not Eligible for Expungement

While Michigan’s laws are more forgiving than ever, some crimes remain permanently ineligible for expungement. These include:

• Felonies punishable by life imprisonment (e.g., murder, armed robbery)
• Criminal sexual conduct in the first, second, or third degree
• Traffic offenses involving death or serious injury
• Operating while intoxicated (OWI) if it's a second or subsequent offense
• Terrorism or human trafficking-related crimes

If you’re unsure whether your offense qualifies, it’s a good idea to speak with an experienced criminal defense and expungement lawyer. Even if your case isn’t eligible for a full expungement, there may be other post-conviction remedies available.

How Long Does the Expungement Process Take?

The overall timeline varies depending on the type of expungement. Automatic expungements update through the state’s online database periodically and can take several months depending on how records are processed. For manual applications, expect the process to take between 6 to 12 months from submission to court order, depending on how busy your local court is and whether objections are filed.

If an objection occurs, the case will move to a hearing before the judge, and your attorney will argue why your application meets the law’s requirements and serves justice.

Why You Should Work with an Experienced Michigan Expungement Lawyer

Applying for expungement is more complicated than it seems. A single missed document or incorrect date can delay your case by months. Judges also have discretion, especially for more serious offenses, so strong advocacy often makes the difference between approval and denial.

If you’re considering expungement in 2026, reach out to a knowledgeable criminal defense lawyer who understands the details of Michigan’s Clean Slate program. Our office, led by criminal defense attorney Aaron J. Boria, has helped clients all over Michigan clear their records and move forward with their lives.

Call (734) 453-7806 today for a free consultation to review your eligibility and begin the process. You can also visit our criminal defense page for more information about your rights and options.

Practical Tips for Preparing Your Expungement Application

• Keep copies of everything: From police reports to your final judgment, having a complete record will make your application easier to process.
• Be patient and accurate: Courts review thousands of applications statewide. Double-check all addresses and case numbers before filing.
• Follow up: After submitting, stay in contact with the court clerk to confirm receipt of your materials.
• Be honest in your hearing: Judges value honesty and accountability. A straightforward explanation of your rehabilitation can go a long way.

Conclusion

Michigan’s expungement laws in 2026 give thousands of residents the chance to leave their criminal records behind. Whether you qualify for automatic expungement or need to file a manual application, understanding the process is your first step toward a clean slate. The key is preparation, accuracy, and proper legal guidance.

If you believe you’re eligible or want to confirm whether an old conviction can be removed, contact criminal defense attorney Aaron J. Boria at (734) 453-7806. We’ll review your record, file the necessary paperwork, and represent you in court to ensure the best possible outcome.

No matter how long ago your conviction occurred, Michigan law now offers real hope. With the right help, you can finally move forward with confidence and a clear record.